If I’m suing my landlord for failing to returnmy full security deposit, can I cash the check he sent me even though I don’t agree with the amount?

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If I’m suing my landlord for failing to returnmy full security deposit, can I cash the check he sent me even though I don’t agree with the amount?

Asked on August 15, 2011 Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I know that it is really tempting and you probably need the money (don't we all) and I am sure that it would not be so so devastating to your case, but if you can do with out cashing it I would for strategic reasons.  In fact, I might even out right reject the check and send it back to the landlord indicating that you are rejecting it as the amount is incorrect, that the requirements of the law have been violated (did they send what was required in the form of a list of deductions?  check the law in your area on the matter), etc. This is helpful as proof when you go before the Judge or magistrate in your area.  Good luck to you.


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